(영문) 서울중앙지방법원 2015.11.18 2015나51974

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(영문) 서울중앙지방법원 2015.11.18 2015나51974

양수금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. Fact 1) The Bankruptcy Trust Corporation of the bankrupt and the Credit Credit Cooperatives filed a lawsuit against the defendant as 2005 Ghana821. On May 13, 2005, the above court held that the defendant paid to the bankruptcy trustee of the bankrupt and the Credit Cooperatives, the amount of KRW 19,586,777, and the amount of 12.5% per annum from March 28, 1999 to April 27, 1999, and the amount of 19% per annum from the next following day to the date of full payment.

The judgment was rendered by the court, and the above judgment became final and conclusive around that time. 2) On August 3, 2006, the Korea Deposit Insurance Corporation in bankruptcy of the Bankrupt and Credit Cooperatives transferred the above loan claims against the defendant to the Korea Deposit Insurance Corporation (the name of the plaintiff was changed on November 10, 2009) and notified the defendant of the assignment of the above credit on September 5, 2006.

3) The Plaintiff filed the instant lawsuit for the interruption of extinctive prescription for the foregoing claim for the amount of money transferred to the Plaintiff. Of the unpaid amount, the part exceeding the purport of the claim out of the unpaid amount was waived. [Grounds for recognition] There is no dispute, and the purport of Gap’s evidence Nos. 1 through 4 (each of the entries and arguments included in a parcel number

B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff interest in arrears calculated at the rate of 12.5% per annum from March 28, 1999 to April 27, 1999, and 19% per annum from the next day to the day of full payment.

2. As such, the plaintiff's claim shall be accepted on the grounds of its reasoning, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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